Law:

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WAPDA Act, 1958-- ----S. 14(1)(2)--Constitution of Pakistan, 1973, Arts. 9 & 199--Constitutional petition--Question of--High Tension electric wires over the land without permission--Infringement of legal right--Encroachment--Notice for removed High Tension electric wires--Refusal of--Maintainability--Respondents were required to obtain permission from the petitioner before installing High Tension electric wires over the land of petitioner--Power conferred is to be exercised in such manner as to cause the least interference with and the least damage to the rights of the owner thereof--Section 14(2) provides WAPDA to pay or tender payment for all necessary damage to be done to the owner of land--Installation of High Tension electric wires over the land of petitioner without any doubt infringed the right of petitioner for use of his land in a manner desired or chosen by him--Such exercise was done without notice--Petition allowed. [P. 143] A & B Constitution of Pakistan, 1973-- ----Arts. 9 & 199--WAPDA Act, 1958, S. 14(1)--Constitutional petition--Question of--Installation of High Tension electric wires--Encroachments on personal rights of citizens--Create hazards of life--Violation of--Construction of any grid station, factory, power station or installation of High Tension electric wires would endanger the lives and curtail the rights of the people living in the vicinity thus violation of Constitution. [P. 143] C Constitution of Pakistan, 1973-- ----Art. 9--WAPDA Act, 1958, S. 14(1)--Entitlement to enjoy his personal rights--Right of citizen--Violation of fundamental right--Person was entitled to enjoy his personal rights and to be protected from encroachments from such personal rights, freedom and liberties--Any action taken which might create hazards of life would amount to encroachment on personal rights of a citizen to enjoy the life according to law--Held: Action of the respondents not only violated the fundamental rights of petitioner over his property but was also in violation of the Constitution--Petition allowed. [Pp. 143 & 144] D Order Saiyed Saeed Ashhad, C.J.--In this Constitutional petition, the petitioner has sought the following…

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